QLDIn ForceAct
Transport Operations (Marine Pollution) Act 1995
sec.104Failure to give information
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### sec.104 Failure to give information
This section applies if—
an authorised officer requires a person to give information, including, for example, by answering a question under section 88 (2) ; and
section 101 does not apply.
The person must comply with the requirement, unless the person has a reasonable excuse.
Maximum penalty—200 penalty units.
If the person is an individual, it is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person.
If the person is a corporation, it is not a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person.
If information is given under section 88 (2) by a person who is a corporation, the information is not admissible in evidence against a representative of the person in a civil or criminal proceeding other than a proceeding against the representative—
for an offence against this section; or
in relation to the falsity of the information.
The person does not commit an offence against this section if the information sought by the authorised officer—
is not in fact relevant to an offence that happened; or
is about a suspected offence that did not happen.
s 104 amd 2010 No. 19 s 231
(sec.104-ssec.1) This section applies if— an authorised officer requires a person to give information, including, for example, by answering a question under section 88 (2) ; and section 101 does not apply.
(sec.104-ssec.2) The person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—200 penalty units.
(sec.104-ssec.3) If the person is an individual, it is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person.
(sec.104-ssec.4) If the person is a corporation, it is not a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person.
(sec.104-ssec.5) If information is given under section 88 (2) by a person who is a corporation, the information is not admissible in evidence against a representative of the person in a civil or criminal proceeding other than a proceeding against the representative— for an offence against this section; or in relation to the falsity of the information.
(sec.104-ssec.6) The person does not commit an offence against this section if the information sought by the authorised officer— is not in fact relevant to an offence that happened; or is about a suspected offence that did not happen.
- (a) an authorised officer requires a person to give information, including, for example, by answering a question under section 88 (2) ; and
- (b) section 101 does not apply.
- (a) for an offence against this section; or
- (b) in relation to the falsity of the information.
- (a) is not in fact relevant to an offence that happened; or
- (b) is about a suspected offence that did not happen.